TMI Blog2022 (8) TMI 849X X X X Extracts X X X X X X X X Extracts X X X X ..... of the present appeal, assessee had filed its return of income on 30.09.2013, therefore, in terms with the proviso to section 143(2) of the Act, notice under Section 143(2) of the Act, should have been served on the assessee on or before 30th September 2014 As per facts available on record, notice under Section 143(2) of the Act was issued by the assessing officer on 13th October 2014. Thus, the notice issued under Section 143(2) of the Act in the instant case is beyond the period of limitation prescribed in the statute, hence, is an invalid notice. Based on such an invalid notice, assessing officer could not have assumed jurisdiction for completing the assessment under Section 143(3) of the Act. Therefore, in absence of a valid notice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... izure operation under Section 132A of the Act was conducted on 16.01.2013 in case of Harman Singh Dhingra group of cases. Based on the information received in course of search and seizure operation, assessment proceedings, purportedly, under Section 153A read with section 143(3) of the Act was initiated against the assessee. Ultimately, the assessing officer completed the assessment vide order dated 26.03.2015 making couple of additions as under: i) Unaccounted interest income Rs.19,98,832/- ; ii) Disallowance under Section 14A read with Rule 8D Rs.3,03,571. 5. The assessment order so passed was challenged in appeal before learned Commissioner (Appeals). Learned Commissioner (Appeals) granted partial relief by deleting the addition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inate Bench in case of Harnam Singh Dhingra Vs. ACIT ( ITA No.464/Del/2016) dated 24.09.2021. 7. Learned Departmental Representative submitted, the assessing officer has issued notice under Section 143(2) of the Act in proper time. Therefore, assessee s contention should be rejected. 8. We have heard the parties and perused the materials available on record. 9. Undisputedly, at the second appellate stage, assessee has raised additional ground challenging the validity of the assessment order. It is the say of the assessee that the assessing officer had issued notice under Section 143(2) of the Act, beyond the period prescribed under Section 143(2) read with its proviso. Since, the issue raised in the additional ground is a purely le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rn of income under Section 139(1) on 13.09.2013. Thus, as per proviso to Section 143(2) of the Act, as it existed prior to its amendment by Finance Act, 2016 w.e.f. 01.06.2016, no notice under Section 143(2) of the Act shall be served on the assessee after the expiry of six months from the end of the financial year in which the return is furnished under Section 139(1) or section 142(1) of the Act. In the facts of the present appeal, assessee had filed its return of income on 30.09.2013, therefore, in terms with the proviso to section 143(2) of the Act, notice under Section 143(2) of the Act, should have been served on the assessee on or before 30th September 2014. However, as per facts available on record, notice under Section 143(2) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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